THE FUNDS
NECESSARY TO PAY THE CONTRACT ON THE ESCROW ACCOUNT, NAMING AN ESCROW OFFICER
RESPONSIBLE FOR PAYMENTS TO THE SELLER.
THE BUYER WILL CONTACT THE ESCROW OFFICER
(BANK OFFICER) WITH THE SELLER. The ESCROW OFFICER SENDS THE PAYMENT TO THE
SELLER IMMEDIATELY, WHEN RECEIVES THE CONFIRMATION OF THE ARRIVAL OF THE
BITCOIN ON THE WALLET OF THE BUYER.
CONFIRMATION :
BUYER SHALL SHOW PROOF OF FUNDS FOR
THE FIRST TRANCHE VIA AN ACTIVE RECENT BANK ACCOUNT STATEMENT OF UNITED STATES
DOLLARS OR EUROS IN CASH VIA SCREEN OR EMAIL. SELLER SHALL SHOW A SCREEN SHOT
TO THE BUYER VIA SCREEN OR EMAIL ONE OF HIS TREZOR WALLETS SHOWING AVAILABLE
BTC FOR THE TRANCHE.
BANK ESCROW OFFICER:
ON CHARGE RECEIVED BY THE BUYER,
THE ESCROW OFFICER (BANK OFFICER) IS RESPONSIBLE FOR PAYMENT AGAINST THE
SELLER. THE UNDERWRITTEN UNDERTAKING BETWEEN THE BUYER AND THE ESCROW OFFICER
WILL BECOME AN INTEGRAL PART OF THIS AGREEMENT. IN THE UNDERTAKING THAT THE
BUYER SIGNED WITH THE ESCROW OFFICER, THE BENEFICIARY OF THE PAYMENT (SELLER
AND INTERMEDIARIES) AND THE CONDITIONS REGULATING THE PAYMENT OF THE BITCOINS
WILL BE DECLARED.
PARTIES
SELLER’S INFORMATION
Name
Address
Country
Represented By
Passport No
Nationality
Tel no
Email address
Skype id
Name
Address
Country
Represented By
Passport No
Nationality
Tel no
Email address
Skype id
WHEREAS. The BUYER desires to buy Bitcoin (BTC) from the
SELLER, the BUYER confirms with full corporate and legal responsibility that
funds available to fulfill the requirements for the buying of this (BTC) are
ready and the BUYER further confirm to cooperate with the SELLER.
WHEREAS. The SELLER desires to sell,
transfer the Bitcoin (BTC) available to the BUYER. SELLER represents and
warrants that it has the ability and resource to arrange through associates,
contracts and sources, with full corporate responsibility, Bitcoin (BTC) in the
term of assignments to be provided to BUYER.
WHEREAS. Both the BUYER and the SELLER
agree that upon confirmation of the payment via Bank Escrow Account, the Seller
will send Bitcoin (BTC) from his wallet to the wallet of the Buyer, once
bitcoins will be confirmed on the wallet of the Buyer, the Escrow Officer will
proceed payments for the SELLER and intermediaries.
SECTION I: TRANSACTION PROCEDURES
1. Buyer mandate and seller
mandate will communicate the offer and describe the transaction and duties and
responsibilities of parties, and the terms and conditions of the forwarded Deed
of Agreement.
2. Buyer shall show Proof of Funds
for the First Tranche in currency required by the Seller and agreed as a
transactional currency. Seller shall via his mandate show BTC balance of his
Trezor Wallet for the first tranche.
3. Upon acceptance of the terms
and conditions by the BUYER, the agreement will be signed by both parties.
4. The Buyer will submit the
signed contract to the Escrow Officer, and then the Escrow Officer will contact
the Seller via direct email and to confirm from the Buyer that he signed the
contract and is RWA to proceed as signed.
5. The buyer will send to the Escrow Officer a
copy of the contract signed Deed of Agreement by the Buyer for confirmation in
order to set up a transaction process. The Buyer will also provide the address
of the seller's BTC portfolio to the legal department of the bank where the
Escrow Account was set up.
6. Once the transaction is
established, a copy of the Escrow contract will be sent to the Buyer and
Seller.
7. The Buyer signs the Escrow
Agreement, the Escrow Officer sends a copy via e-mail to both the Buyer and the
Seller, respectively, to confirm that all parties are satisfied with the Escrow
Agreement and that all parties are RWA to proceed with the agreement and its
procedures.
8. The Purchaser requests the Seller
an invoice for the payment of the BTC.
9. The invoices sent by the Seller
to the Buyer are transmitted in copy to the Escrow Officer who arranges the
payments in favor of the Seller, which will be released upon confirmation of
the arrival of the bitcoins on the wallet of the Buyer.
10. The Seller sends the bitcoins
to the Buyer's wallet.
11. The Escrow Officer confirms
receipt of the bitcoins on the buyer's wallet and unlocks the payment of the
transaction in favor of the Seller on his declared bank account.
SECTION II: GENERAL TERMS AND CONDITIONS
AGREEMENT
TO DELIVER BITCOINS (BTC)
1. This is an agreement with the seller to release the
agreed Bitcoin (BTC) amount to the Buyer, after confirmation of the
availability of the payment by the Buyer through the Escrow Account of the
bank.
2. The currency of the transaction may be in US
Dollars (USD) or Euros (EUR) depending on the agreements made between the
Seller and the Buyer.
DEFINITIONS
3. Bitcoin (BTC) is a cryptocurrency and worldwide payment system. It is
the first decentralized digital currency, as the system works without a central
bank or single administrator developed by Satoshi Nakamoto. Daily
exchange rate is confirmed via www.coinmarketcap.com, www.bitcoin.org, or
blockchain.info.
4. Bitcoin address is a single-use token, which is up
to 34 digits, to send bitcoin to another bitcoin wallet.
CONFIRMATION
OF AVAILABLE BTC AND CONFIRMATION OF PROOF OF FUNDS FOR FIRST TRANCHE
5. Buyer shall show proof of funds for the first
tranche via an active recent bank account statement of United States dollars in
cash via screen or email. Seller shall show a screen shot to the buyer via
Trezor wallets screen shot via shared screen or via email showing available BTC
for the tranche.
EXECUTION
OF THE CONTRACT AND TRANSACTION
6. This Deed of Agreement Contract shall be deemed
executed when the BUYER and the SELLER have properly signed the Deed of
Agreement contract agreeing to all terms and conditions, and both parties have
received a copy of the signed contract via email and have acknowledge the
receipt to each other or to their respective mandates.
7. The Buyer will provide the Seller with a Letter of
Instruction from the irrevocable company which confirms that it is RWA that
stipulates the commitment with the Seller to buy bitcoins (BTC) according to
the Contract Act.
8 The Seller shall
confirm acceptance of the Escrow Officer as depositary of the Buyer's funds to
pay the bitcoins that the Seller will sell to the Buyer
9. The Escrow Account agreement must be signed and
accepted by the Buyer and the Seller.
10. The BUYER guarantees to be the legitimate owner of
the fund that has been sent to compensate SELLER against any losses due to the
fact that the BUYER's funds have been acquired illegally.
REMEDIES
FOR NON-TIMELY PAYMENT
11. BUYER shall not be liable for delays caused solely
by the banking system. In case of expected delay. The BUYER will promptly
notify the SELLER of the details of the relevant transactions made through the
Escrow Account Bank, including the reference number of the bank transfer or the
confirmation receipt of the payment.
12. The SELLER will not be liable for any reasonable
delays incurred by the banking system through the Escrow Account banking service.
13. The BUYER agrees that the payment to the SELLER
will be guaranteed by the Escrow Officer, the payment will be made by bank
transfer through the escrow account banking service once the bitcoins have been
confirmed on the Buyer's wallet.
CONFIRMATION
OF BTC DAILY EXCHANGE RATE
14. The Price Per BTC – The Daily Exchange Rate shall
be confirmed by: SELECT ONE:
[www.coinmarketcap.com or www.bitcoin.org or blockchain.info]
ESCROW
OPERATION TO CONCLUDE THE TRANSACTION BETWEEN BUYER AND SELLER
15. The Escrow Officer will contact the Seller after
the Buyer and Seller has signed the contract and the contract is lodged with
escrow by the Buyer. The Seller shall not contact the Escrow Officer. The Bank
Escrow Account will provide an Escrow Agreement to be signed by Seller, with
banking details for where escrowed funds are to be sent and the Escrow Account
shall also request the Buyer’s Wallet Address. The Escrow Officer will also
contact the Seller to have the Seller sign the Escrow Agreement. The Escrow
Officer will confirm escrowed funds and confirm the BTC from Seller’s Wallet to
Buyer’s Wallet and then release the escrowed funds.
CAUSES
FOR TERMINATION OF CONTRACT
14. The Seller or its Attorney shall not call or
contact the Attorney Escrow until the Escrow Officer has contacted the Seller
and the Escrow Agreement has been signed by the Seller. Any unauthorized bank
calls, Buyer or Buyer’s Attorney calls to the Escrow Officer, probes,
communications and any improper solicitations or disclosure or unrelated action
involving the parties or any bank or third party concerned or not concerned in
this transaction will result in the immediate cancellation of this transaction
and subject the violating party responsible for damages.
NATURE OF
THE TRANSACTION
15. THIS IS A PRIVATE SALE
BETWEEN TWO PRINCIPALS AND IS NOT TO BE
CONSTRUED AS AN OFFERING OF FUNDS NOR SECURITIES AS DEFINED BY THE SECURITIES
ACT OF 1933/34.
SECTION III: BANKING COORDINATES OF PARTIES
BUYER DESIGNATED BANK
COORDINATES TO PAY FOR THE BTC
Bank
Name
Bank
Address
Bank
Officer
Secured
Tel:
SWIFT
Code
Account
Holder
Account
Number
Signatory
Name
ECROW ACCOUNT DETAILS
TBA :
-
THE BUYER
is interested in purchasing on a bank to bank basis or via TMF as the escrow
service provider.
SELLER DESIGNATED BANK
COORDINATES TO RECEIVE PAYMENTS FOR THE BTC
EURO / USD
SECTION V:
IRREVOCABLE FEE AGREEMENT
Both Seller and Buyer agree that the
Consultants involved in the transaction between Buyer and Seller for the
above-referred transaction are entitled to consulting fees for facilitating the
transaction. These Consultant fees will be shared between the Seller’s and
Buyer’s Consultants as specified herein below.
The parties agree that the consultancy fees
indicated are compensation and consideration for the advice and facilitation of
the services rendered and are irrevocably and unconditionally guaranteed to be
paid by the buyer through the Escrow Officer, who will issue the commission to
the consultants listed in this IFPA by bank transfer at the time of receipt of
the bitcoin on the buyer's wallet. Buyer and Seller acknowledge that failure to
pay the Advisor's fees as specified in this document will result in
cancellation of the transaction.
The parties agree that consulting fees will
be free from legal impediments and free of deductions, excluding bank transfer
fees, for this and all subsequent transactions between the parties. Both
Parties hereby agree that the Consultants set forth in this IFPA shall be paid
as per discount pricing structure shared 50/50 between seller and buyer sides
as follows:
BUYER SIDE CONSULTANTS TO BE ALLOCATED BETWEEN THE FOLLOWING CONSULTANTS:
TO RECEIVE 0,00% (….. PERCENT) OF FACE VALUE OF EACH AND EVERY BTC TRANCHE AS CONSULTANT FEES:
PAYMASTER NAME
PAYMASTER EMAIL ADDRESS
PASSPORT NUMBER
PAYMASTER TELEPHONE
PAYMASTER ADDRESS
BANK NAME
BANK ADDRESS
BANK OFFICER
EMAIL ADDRESS
BANK TELEPHONE
BANK FAX
SWIFT CODE
ABA ROUTING
ACCOUNT NAME
ACCOUNT TYPE
ACCOUNT NUMBER
SPECIAL WIRE INSTRUCTIONS
Send a copy of the text message
FOR BENEFIT OF:
In consideration of the mutual benefits to
be derived by the associates or affiliated individuals, agents, companies,
designees, trustees or executors, it is understood and agreed that the parties
hereto are mutually desirous of effecting this business transaction in
cooperation with one another for their mutual benefit and all signatory parties
agree to abide by the following terms and conditions:
NON-DISCLOSURE
Buyer, Seller and all parties agree to preserve the
confidentiality of all proprietary and confidential information obtained in the
course of this transaction pertaining to the Seller, Buyer and Consultants and
any of their projects. Buyer agrees to keep confidential the identity of all
the Seller signatories and all contacts provided by any Seller signatories.
NON-CIRCUMVENTION
1.
Each party agrees that they will not make any contact with, deal with,
contract with or be involved with any individuals, introduced by the other
Signatory or Consultants, without specific permission from the party that
introduced them to that Party.
2. Each Signatory agrees to keep
confidential the identity of and all contacts so provided by any other
signatories or Consultants.
3.
The parties hereto agree that all commissions or fees as agreed by the
parties shall be paid in full at the end of every transaction (tranche).
4.
This agreement shall be legally binding on the parties hereto, their
principals, employees, representatives, agents and assigns in all countries of
the world.
5. The parties hereto affirm that in every case
they will act with the highest standards of ethics and honesty in all their
dealings. This agreement shall be respected and honored at all times, unless
otherwise mutually agreed upon and any party will permit no attempt or hint of
circumvention. The Buyer agrees that he/she will not act in any way to
circumvent the Consultants named herein in order to avoid the payment of
commissions duly owed hereunder.
6.
Each of the above parties agrees and understands that any overt or
covert action of circumvention prescribed by this agreement shall be construed
as a fraudulent act against the other party and will be subject to judicial
action, recompense for damages, possible punitive damages and injunctive relief
allowed by the legal process.
ACKNOWLEDGEMENT
Buyer and Seller acknowledge that
the Seller Representative (Mandate) and Consultants involved in the transaction
are completely and entirely independent legal and business entities from the
Seller and Issuing Bank and therefore, Buyer waives any and all claims against
them in the event of any non-performance by any party. Buyer further acknowledges
that all Consultants are merely acting in a sourcing and consulting capacity as
intermediaries between the Seller and Buyer. Buyer acknowledges that
Consultants are not, and have never represented themselves to be, licensed
securities brokers, bankers, security officers, attorneys, forensic investigators
nor agents or employees of the Seller or his lending institution or issuing
bank. Buyer further acknowledges it is his and his company’s sole legal
responsibility to do proper due diligence on both the Seller and Buyer’s
receiving account beneficiary (if different entity than Signatory) and that all
Consultants are merely independent intermediaries in this transaction.
NON-SOLICITATION
The BUYER hereby confirms and declares that the SELLER, its associates
or representatives or any person or persons on its behalf has/have never ever
solicited the BUYER, its shareholders or associates or representatives in any
way whatsoever that can be construed as a solicitation for this transaction or
for future transactions.
GOVERNING
LAW AND JURISDICTION
This Agreement shall be governed by and
construed in all respects in accordance with the laws of the United States of
America.
SECTION VI:
OFFICIAL SIGNATURES
This
Agreement has been agreed and executed
by the undersigned on the date 18 July 2018.
FOR AND ON BEHALF OF THE BUYER FOR AND ON BEHALF OF THE SELLER
______________________________ _______________________________
Name:
Name:
Company: THE BUYER Company: THE SELLER
Title: CEO Title: CEO
Passport #: Passport
#:
Nationality: Nationality:
Issue
date: Issue date:
Expiry
date: Expiry date:
“ACCEPTED AND
AGREED WITHOUT CHANGE
(ELECTRONIC SIGNATURE IS
VALID
AND ACCEPTED
AS HAND SIGNATURE)”
EDT (Electronic
Document
Transmission)
EDT (Electronic
document
transmissions) shall
be deemed
valid
and in
respect of
any
provisions of
this Contract.
As applicable,
this
agreement shall
be:
1- Incorporate U.S.
Public
Law106-229, ‘‘Electronic Signatures in Global
and
National Commerce
Act’’ or such other
applicable law conforming to
the UNCITRAL Model
Law
on Electronic
Signatures
(2001) and
2- ELECTRONIC
COMMERCE AGREEMENT
(ECE/TRADE/257, Geneva,
May 2000) adopted
by the United Nations
Centre
for Trade
Facilitation and Electronic
Business
(UN/CEFACT).
3- EDT
documents shall
be subject
to European
Community
Directive No.95/46/EEC, as
applicable.
Either Party may request hard
copy of
any
document
that
has been
previously
transmitted
by electronic
means provided however, that any
such request shall in
no manner delay the
parties from
performing
their
respective
obligations
and
duties
under
EDT
instruments.